File ref: THB(T)PML CR 8/10/90/2

THB(T)PML MA 90/6/2

LEGISLATIVE COUNCIL BRIEF

Merchant Shipping (Prevention and Control of Pollution) Ordinance

(Cap. 413)

Legislative Amendments to Implement the Latest Requirements under

the International Convention for the Prevention of Pollution from

Ships of the International Maritime Organization

INTRODUCTION

To implement the latest requirements under the International

Convention for the Prevention of Pollution from Ships (“MARPOL”) of the

International Maritime Organization (“IMO”), the Secretary for Transport

and Housing has, under sections 3 and 3A of the Merchant Shipping

(Prevention and Control of Pollution) Ordinance (Cap. 413) (“the

Ordinance”), made the following regulations —

(a) the Merchant Shipping (Prevention of Oil Pollution) (Amendment)

(No. 2) Regulation 2019, at Annex A; and

(b) the Merchant Shipping (Prevention of Pollution by Garbage)

(Amendment) (No. 2) Regulation 2019, at Annex B.

BACKGROUND

2. MARPOL seeks to protect the marine environment and minimize

pollution arising from ship operations. It was adopted in 1973 and came

into force internationally in 1983. Its six Annexes regulate the discharge

of different pollutants1 from ships. In Hong Kong, the requirements of

1 Annexes to MARPOL govern various substances as follows:

Annex I: Regulations for the prevention of pollution by oil;

Annex II: Regulations for the control of pollution by noxious liquid substances in bulk;

Annex III: Regulations for the prevention of pollution by harmful substances carried by sea in

packaged form;

Annex IV: Regulations for the prevention of pollution by sewage from ships;

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MARPOL are implemented through the Ordinance and its subsidiary

legislation.

LEGISLATIVE PROPOSALS

(I) Prevention of Oil Pollution from Ships

3. Annex I to MARPOL (“Annex I”) sets out the requirements on the

discharge of oil and oily mixtures from ships to prevent pollution by oil

from operational measures, as well as from accidental discharges. For

example, it mandates the provision of an oil residue (sludge) tank in ships

and sets out the capacity of the tank. In addition, the tanks must not have

direct connections overboard to prevent the discharge of untreated oil

residue (sludge) into the sea. In Hong Kong, the requirements under

Annex I are implemented locally through the Merchant Shipping

(Prevention of Oil Pollution) Regulations (Cap. 413A) (“the Oil Pollution

Regulations”) and applies to all Hong Kong ships and non-Hong Kong

ships while they are within the waters of Hong Kong.

4. This legislative exercise seeks to implement the latest requirement

under Annex I2 concerning the disposal of oil residue (sludge) by

prescribing requirements on the provision of piping related to oil residue

(sludge) tanks, as well as the means of disposal of oil residue (sludge) for

ships of 400 gross tonnage and above. Ships of 400 gross tonnage and

above will be required to have a designated pump to facilitate the disposal

of oil residue (sludge). Piping for the discharge of oil residue (sludge)

must be arranged in a way that prevents contamination of bilge water3.

5. As regards the means of disposal of oil residue (sludge), ships of

400 gross tonnage and above will be allowed to discharge oil residue

(sludge) through approved means of disposal, including using an

Annex V: Regulations for the prevention of pollution by garbage from ships; and

Annex VI: Regulations for the prevention of air pollution from ships.

2 The relevant requirements were brought forth by IMO Resolution MEPC.266(68) and came into force

globally in 2017.

3 The bilge is the lowest part of the ship. Due to leakage or seepage from machinery, or other

maintenance work in machinery spaces, liquids may enter various parts of the bilge to form bilge

water.

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incinerator or auxiliary boiler suitable for burning oil residues (sludge).

We will need to amend the Oil Pollution Regulations to incorporate the

above latest requirements.

(II) Prevention of Pollution by Garbage from Ships

6. Annex V to MARPOL (“Annex V”) seeks to eliminate and reduce

the amount and environmental impact of the discharge of garbage4 into the

sea from ships and from fixed or floating platforms. It specifies the

circumstances under which garbage may be discharged from ships into the

sea, and technical requirements to be met when garbage is discharged under

such circumstances. Details of such discharge would have to be recorded

in a Garbage Record Book kept onboard. In Hong Kong, the

requirements under Annex V are implemented locally through the Merchant

Shipping (Prevention of Pollution by Garbage) Regulation (Cap. 413O)

(“the Garbage Pollution Regulation”) and applies to all Hong Kong ships

wherever they may be and non-Hong Kong ships within the waters of

Hong Kong.

7. This legislative exercise seeks to incorporate the IMO’s latest

requirements with regard to the classification of harmful substances to the

marine environment and the recordkeeping of discharge of garbage5. In

gist, to assist governments, ships and port operators in implementing

relevant requirements under Annex V, the IMO has established a set of

mandatory criteria for classifying whether substances are harmful to the

marine environment, and consolidated the criteria into Appendix I of

Annex V (“Appendix I”) for easy reference to shippers and seafarers. In

addition, the IMO has set out further requirements in relation to

recordkeeping upon each discharge or incineration of garbage on board.

Under the new requirements, more information will need to be recorded

upon each discharge or incineration6. We will incorporate these new

4 Under Annex V, garbage includes all food, domestic and operational wastes, plastics, cargo residues,

incinerator ashes, cooking oil, fishing gear, and animal carcasses generated during the normal

operation of ships and liable to be disposed of continuously or periodically.

5 The relevant requirements were brought forth by IMO Resolution MEPC.277(70) and came into force

globally in 2018.

6 For instance, the position of the ship at the time of the discharge or incineration must be recorded in

terms of latitude and longitude. In the case of discharges of cargo residues, since such discharge

spans over a considerable period of time, the position of the ship at both the start and stop of the

discharge must also be recorded. Ships will also be required to keep receipts obtained from

reception facilities upon their discharge of garbage thereto.

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requirements into the Garbage Pollution Regulation and make direct

references to Appendix I such that the Garbage Pollution Regulation could

be kept up-to-date with the relevant IMO requirements as far as practicable.

THE REGULATIONS

Merchant Shipping (Prevention of Oil Pollution) (Amendment) (No. 2)

Regulation 2019

8. The Merchant Shipping (Prevention of Oil Pollution) (Amendment)

(No. 2) Regulation 2019 gives effect to the requirements under the

amended Annex I to MARPOL on oil residue (sludge) tanks and the

disposal of oil residue (sludge).

Merchant Shipping (Prevention of Pollution by Garbage) (Amendment)

(No. 2) Regulation 2019

9. The Merchant Shipping (Prevention of Pollution by Garbage)

(Amendment) (No. 2) Regulation 2019 gives effect to the requirements

under the amended Annex V to MARPOL in relation to the discharge of

solid bulk cargo residues and the recordkeeping obligations in a Garbage

Record Book.

Application of the Direct Reference Approach

10. The requirements of MARPOL are technical in nature and are

updated from time to time by the IMO. In line with the established

practice in incorporating the requirements of other marine-related

international conventions into our local legislation, we have adopted a

direct reference approach where appropriate (e.g. direct references to

Appendix I) to allow our local legislation to remain up-to-date as far as

practicable7.

7 Section 3A of the Ordinance empowers the Secretary for Transport and Housing to make regulations

to give effect to provisions of any international agreements applicable to Hong Kong as in force from

time to time, either by setting out or referring to those provisions in the regulations.

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LEGISLATIVE TIMETABLE

11. The regulations will be published in the Gazette on

11 October 2019 and introduced into the Legislative Council on

16 October 2019 for negative vetting.

IMPLICATIONS OF THE PROPOSAL

12. The implementation of the latest requirements under MARPOL

relating to the prevention of oil pollution from ships and that of pollution

by garbage from ships will contribute towards environmental protection, as

well as the sustainability of the marine environment. Operators, masters

and owners of Hong Kong ships are well-informed of the revised

requirements and should already be in compliance with the same.

13. The proposal is in conformity with the Basic Law, including

provisions concerning human rights. It will not affect the current binding

effect of the Ordinance and the existing regulations thereunder. The

proposal has no economic, financial, civil service, productivity, gender or

family implications.

PUBLIC CONSULTATION

14. We consulted both the Legislative Council Panel on Economic

Development and the Hong Kong Fleet Operation Advisory Committee of

the Marine Department in November 2018. Members supported the

proposals.

PUBLICITY

15. A press release will be issued on 11 October 2019. A

spokesperson will be available to answer enquiries.

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ENQUIRIES

16. Any enquiries on this brief can be addressed to Ms Louisa YAN,

Principal Assistant Secretary for Transport and Housing (Transport)

(Tel: 3509 8162), or Mr CHOI Chi Chuen, Assistant Director of Marine

(Multi-lateral Policy) (Tel: 2852 4408).

Transport and Housing Bureau

Marine Department

October 2019

Annex A

Annex B